Michigan House Bill HB5764

Michigan 2023-2024 Regular Session

• Introduced: 5/30/24
• Refer: 5/30/24

Caption

Civil procedure: evictions; rent abatement remedies and award of attorney fees; modify. Amends secs. 5720, 5741 & 5759 of 1961 PA 236 (MCL 600.5720 et seq.). TIE BAR WITH: HB 5761'24

Impact

The bill includes provisions that directly modify existing statutes regarding the conditions under which a court may enter judgment for possession of rental properties. It introduces criteria which, if established, would preclude a court from ruling in favor of a landlord in cases of alleged nonpayment of rent. Additionally, it allows tenants to assert defenses against eviction, specifically when they can show that their actions were lawful and in line with statutory protections. This shift is intended to create a more equitable legal environment for tenants and discourage discriminatory or retaliatory practices by landlords.

Summary

House Bill 5764 aims to amend sections of the Revised Judicature Act of 1961, particularly focusing on landlords' ability to terminate tenancy and eviction judgments. The bill emphasizes protecting tenants from retaliatory evictions, establishing that a court cannot rule against a tenant if the termination is deemed a penalty for the tenant exercising their rights or reporting a violation of health or safety codes. This legislation seeks to ensure that tenants are not unjustly evicted for asserting their legal rights, thereby enhancing tenant protections within Michigan's housing laws.

Contention

Discussions surrounding HB 5764 have highlighted significant points of contention among legislators and advocacy groups. Supporters argue that the provisions create much-needed safeguards for tenants, particularly those vulnerable to eviction due to economic hardship or harassment by landlords. Conversely, opponents suggest that the bill could hinder landlords' rights and potentially deter investments in rental properties. The balance between protecting tenants from retaliation and ensuring landlords can manage their properties effectively remains a critical focus in the ongoing debates about the bill.